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HomeMy WebLinkAbout30-Parks & Recreation CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: August 23, 2006 Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COAST SOCCER LEAGUE TO PROVIDE MANAGEMENT SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX. MICC Meeting Date: September 5, 2006 From: Lemuel P. Randolph, Director Dept: Parks, Recreation & Community Services Dept. Synopsis of Previous Council Action: June 21, 2006-Resolution 2006-229 Recommended Motion: Adopt Resolution. ~'<'~J~~ Signatur ' Contact person: Lemuel P. Randolph Phone: 5030 Supporting data attached: S..ff"R.pnrt R.<n IV ron""ot Ward: 7 FUNDING REQUIREMENTS: Amount: $ 31,532 Source: (Acct. No.) 134-462-5502 (Acct. Description) ProtesslonaVContractual Services Finance: Council Notes: Agenda Item No. ~ 'I} 5) D0 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Services Agreement between the City of San Bernardino and Coast Soccer League to provide management services at the San Bernardino Soccer Complex. Background: In May of 2006, Gary Sparks of Coast Soccer League (CSL) presented a proposal to the City to provide management services for the Soccer Complex until the City could determine a long-term operational plan. This contract was approved by the City Council in June. Under the agreement, CSL has full control of all aspects of the managerial operation of the Soccer Complex with the exception of the parking related functions and collection of concession fees. The City receives all fees including parking, concession, and tournament fees, estimated at $25,000 per month. The current agreement ended on September I, 2006. Long term management plans for the complex will be evaluated through an RFP process, however until that is completed, management services must continue. CSL has agreed to continue services through December in order to allow time to determine a long-term management plan for the complex. Terms of the agreement will remain the same with the following exceptions: The City payment to CSL will be reduced by $2000 per month from $9,083 to $7,083. In exchange, the City Parks Department will manage all part-time staff at the complex. Financial Impact: Revenue estimate for the four-month agreement is $100,000 ($25,000/Mo. x 4 months) less $31,532 ($7,083/Mo. x 4 months) in contractual expenses equaling net remaining revenue of $68,468.' The FY 06-07 approved budget for the soccer complex already includes sufficient revenue and expenditures budgeted for this contract. Recommendation: Adopt Resolution. -- "- c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COAST SOCCER LEAGUE TO PROVIDE MANAGEMENT SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION l. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Services Agreement with Coast Soccer League, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within thirty (30) days of the passage of this resolution. SECTION 3. The term of the Services Agreement is from September 1, 2006 through December 31. 2006: therefore, any action taken between September I, 2006 and the date that this Services Agreement is executed is hereby ratified. III III III III III III III III ! ~~ /') /"J. JI. ') i _ ;.) ( ~/ / 0 J L J) -- ~ r '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28, RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COAST SOCCER LEAGUE TO PROVIDE MANAGEMENT SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2006, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER VACANT DERRY KELLEY JOHNSON MC CAMMACK Rachel G. Clark, City Clerk day of The foregoing resolution is hereby approved this 2006. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: l 'lt~q; M"-r es F. Penman, City Attorney ......- ,- '- 2 3 4 5 6 7 8 9 ,..;..- 14 ~ IS 16 c SERVICES AGREEMENT This Agreement is entered into this _ day of August 2006, by and between COAST SOCCER LEAGUE, ("CONSULT ANT") and the CITY OF SAN BERNARDINO ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the City of San Bernardino to engage a firm to provide management services to the San Bernardino Soccer Complex ("Complex"); WHEREAS, CONSULT ANT possesses the skills and ability to provide said services for the 10 CITY; II NOW, THEREFORE, the parties hereto agree as follows: 12 1. SCOPE OF SERVICES, 13 For the remuneration stipulated, San Bernardino hereby engages the servIces of CONSULTANT to conduct management services as set forth in Exhibit "A," attached hereto, and incorporated herein by reference as though fully set forth at length. City shall have the rights, duties and obligations, as set forth in Exhibit "B," attached hereto, and incorporated herein by reference as I 7 though fully set forth at length. 18 2. COMPENSATION AND EXPENSES. 19 a. For the services delineated above, CITY shall pay to the CONSULTANT the sum of 20 Seven Thousand Eighty Three Dollars ($7,083.00) each month for the services provided. 21 b. No other expenditures made by CONSULTANT shall be reimbursed by CITY 22 without the prior written approval of the Mayor. 23 24 25 26 27 28 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period commencing on September 1,2006, al1d terminating on December 3 1,2006, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The parties DHC/js [Coast Soccer \Coast Services Agreement. August 2006] Page I .- 1 agree to meet and confer on the possibility of entering into an agreement to provide further services 2 following the termination of this Agreement. ,,-. 3 4. INDEMNITY. ',._~- 4 CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and 5 volunteers from any and all claims, actions, or losses, damages and/or liability resulting froni CITY's 6 negligent acts or omissions arising from the CITY's performance of its obligations under the 7 Agreement. 8 CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents, and 9 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 10 CONSULT ANT's negligent acts or omissions arising from the CONSULT ANT's performance of its 11 obligations under the Agreement. 12 In the event the CITY and/or the CONSULTANT is found to be comparatively at fault for 13 any claim, action, loss, or damage which results from their respective obligations under the 14 Agreement, the CITY and/or CONSULTANT shall indemnify the other to the extent of its 15 comparative fault. 16 5. 17 INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, 18 CONSULTANT shall maintain in effect policies of comprehensive public, general and professional 19 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's 20 compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior 21 to undertaking any work under this Agreement. CITY shall be set forth as an additional named 22 insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to 23 the CITY shall require the insurer to notify CITY of any change or termination in the policy. 24 6. NON-DISCRIMINA nON. '- 25 In the performance of this Agreement and in the hiring and recruitment of employees, 26 CONSULTANT shall not discriminate on the basis of race, creed, color, religion, sex, physical 27 handicap, ethnic background or country of origin. 28 III DHC/js [Coast Soccer \Coast Services Agreement - August 2006] Page 2 '- \.--~ r-- \....- 7. INDEPENDENT CONTRACTOR. 2 CONSULT ANT shall perform work tasks provided by this Agreement, but for all intents and 3 purposes CONSULTANT shall be an independent contractor and not an agent or employee of the 4 CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all payment of 5 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 6 Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and 7 employees, and all business licenses, if any are required, in connection with the services to be 8 performed hereunder. 9 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 10 CONSULTANT warrants it possesses, or shall obtain, and maintain during the term of this 11 Agreement a business registration certificate pursuant to Title 5 of the City of San Bernardino 12 Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of 13 whatever nature that are legally required of contractor/consultant/vendor to practice its profession, 14 skill or business. 15 9. NOTICES. 16 Any notice to be given pursuant to this Agreement shall be deposited with the United States 17 Postal Service, postage prepaid and addressed as follows: 18 TO THE CITY: 19 20 21 TO THE CONSULTANT: City Manager's Office 300 North "D" Street San Bernardino, CA 92418 Facsimile: (909) 384-5138 Bernard Towers Coast Soccer League 924 East Champion A venue Orange, CA 92866 22 23 24 25 26 27 28 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The DHC/js [Coast Soccer \Coast Services Agreement - August 20061 Page 3 -- I costs, salary and expenses of the City Attorney and members of his office in enforcing this 2 Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this 3 paragraph. '- 4 11. ASSIGNMENT. 5 CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or 6 encumber all or any part of the Consultant's interest in this Agreement without CITY's prior written 7 consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall 8 constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless 9 of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's 10 obligation to perform all other obligations to be performed by CONSULT ANT hereunder for the II term of this Agreement. 12 12. VENUE. '\...... 13 The parties hereto agree that all actions or proceedings arising in connection with this 14 Agreement shall be tried and litigated either in the State courts located in the County of San 15 Bernardino, State of California or the U.S. District Court for the Central District of California, 16 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 17 mandatory and not permissive in nature. 18 13. GOVERNING LAW. 19 This Agreement shall be governed by and construed and interpreted in accordance with the 20 laws of the State of California without regard to principles of conflicts of laws. 21 14. SUCCESSORS AND ASSIGNS. 22 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 23 and their respective heirs, representatives, successors, and assigns. 24 15. HEADINGS. 25 The subject headings of the sections of this Agreement are included for the purposes of 26 convenience only and shall not affect the construction or the interpretation of any of its provisions. /~""" 27 / / / 28 / / / ~ DHC/js [Coast Soccer \Coast Services Agreement. August 2006] Page 4 16. ENTIRE AGREEMENT; MODIFICATION. ~ 2 This Agreement constitutes the entire agreement and the understanding between the parties. 3 and supercedes any prior agreements and understandings relating to the subject manner of this 4 Agreement. This Agreement may be modified or amended only by a written instrument executed 5 by all parties to this Agreement. 6 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 7 date set forth below. 8 Dated: August 9 10 Jl 12 Dated: August 13 14 .--. 15 ATTEST: 16 ,2006 COAST SOCCER LEAGUE By: Bernard Towers, President ,2006 CITY OF SAN BERNARDINO By: Patrick J. Monis, Mayor - -- ,.....-. ......... Exhibit "A" During the term of this Agreement, Consultant shall have the following rights, duties and responsibilities: A. Consultant shall have full control of all aspects of the managerial operations of the Complex as set forth in this Agreement, except for parking, including, but not limited to, the selection of concessionaires. B. Consultant to negotiate contracts with Complex users and potential users, subject to review and written approval by City. C. Consultant shall retain the services of Complex managers/administrators. Said administrators shall be employees of Consultant and will be compensated by Consultant. Consultant assumes all risk for its employees. D. Consultant shall engage the services of concessionaire independent contractors at its sole expense to perform services not provided by the City. Said independent contractors shall not be considered employees, contractors, agents or representatives of the City. E. Consultant shall market and negotiate the Complex for future events, subject to the approval of the City or its authorized representative. F. Consultant shall have the right to make improvements to the Complex, its fields, buildings and equipment after obtaining written approval from City to do so. City shall not unreasonably withhold said approval, if such improvements are in the best interests of the City. i.''''''' ,-. - ,-. \.,... Exhibit "B" During the term of this Agreement, City shall have the following rights, duties and responsibilities: I. City shall receive and be entitled to all fees including parking, concession and tournament fees. City, with the consent of Consultant, shall devise a procedure whereby City shall collect all parking fees, concession revenues, and usage fees during the duration of this Agreement. The City may, at its sole discretion, increase the amount of parking fees. 2. City shall provide landscape and maintenance services, maintenance of buildings and grounds, and other related services. 3. City shall manage and supervise all part-time City employees employed at the Soccer Complex.